Federal Court System Powers of Federal Courts U

Federal Court System

Powers of Federal Courts U. S. has a dual court system (Federal & State) n State courts have jurisdiction over state laws n Federal courts have jurisdiction over federal laws n

Federal Court Jurisdiction If certain people or groups are involved, then federal court has jurisdiction: n Ambassadors of foreign countries n Two or more state governments n U. S. Govt. or one of its agencies n Citizens who are residents of different states n

Concurrent Jurisdiction Some instances where both the state and federal court has jurisdiction: known as concurrent jurisdiction n Example: People from same state but suit involves over $75, 000; people can choose where case goes n

Original Jurisdiction Where the case originates; where it is initially tried n Trial court and district courts n

Appellate Jurisdiction If a person loses a trial, they may appeal. n Courts that have the authority to hear appeals. n

Supreme Court Justices Made up of 9 Justices n 1 Chief Justice n 8 Associate Justices n Receive around $217, 000 n May be impeached and removed n Only one has been impeached, but not removed (Samuel Chase) n

Supreme Court Justices n n John Roberts (Chief Justice-Bush) Samuel Alito (Bush) Antonin Scalia (Reagan) Clarence Thomas (G. H. W. Bush) n n n Stephen Breyer (Clinton) Ruth Bader-Ginsberg (Clinton) David Souter (G. H. W. Bush) (retiring) John Paul Stephens (Ford) Anthony Kennedy (Reagan)

Duties of Justices Main duty is to hear and rule on cases n Decide three things: n Decide which cases to hear n Deciding the case n Determining an explanation of ruling, called an opinion n

How Supreme Court Gets Cases 1) Writ of certiorari- Supreme Court gives orders to send up a case n 2) On Appeal- very few reach it this way, usually must have to deal with federal law n 3) Solicitor General- lawsuit involving the United States n

Selecting Cases Usually reject over 90% of appeals, making lower courts ruling final n Only discuss about 1/3 of writ of certiorari cases n Need 4 of 9 justices to accept a case n

Steps in Deciding Major Case n Submitting Briefs: written statement submitted by lawyers explaining legal arguments, relevant facts, and precedents supporting case

Steps in Deciding Major Case Oral Arguments: allowed 30 minutes to speak; Justices can interrupt and ask questions n Conference: Justices meet to debate case and facts. n Majority must be in agreement; at least 6 must be present; if a tie, then lower court decision stands n

Steps in Deciding Major Case Writing the Opinion: 4 types outlining why they ruled a certain way n Unanimous opinion: all in favor or all against n Majority Opinion: winning side n Concurring Opinion: agreed with ruling, but for different reasons n Dissenting Opinion: disagreed with ruling n

Federal District Courts n Uses two types of juries n Grand Jury- made up of 16 -23 people n n See if there is enough evidence for an indictment (formal charge) Petit Jury- made up of 6 -12 people n The trial jury, hears the evidence, makes a decision on the case

Selection of Federal Judges n n n Party Affiliation: Presidents tend to pick judges who are members of their political party Judicial Philosophy: same political ideologies as President, since they serve for life Senatorial Courtesy: will ask Senators from the state the nominee is from for their opinion

Limits of Supreme Court n n Limits on Types of Issues: don’t deal with foreign policy Limits on Types of Cases: must be brought to trial, be a federal issue, plaintiff must have suffered real harm Limited Control over Agenda: only can take the cases that come to them Lack of Enforcement: have no power to enforce their decisions

Developing Power for Supreme Court Early Precedents: n Court does not seek out cases; must be brought to them n Will only determine cases; won’t just answer legal question without determining case as well n

Marbury vs. Madison Before John Adams left office, appointed several “midnight” judges n Didn’t deliver their appointment, and once Jefferson took office, he refused to deliver them n Marbury sued Sec. of State James Madison for his position n

Marbury vs. Madison Chief Justice John Marshall took the case n Said Marbury’s rights had been violated n However, ruled that the court had been given too much power under Judiciary Act of 1789, and ruled it unconstitutional n Jefferson won case n Supreme Court gain power of judicial review n

John Marshall’s Influence Helped the Supreme Court gain power it has today n Fletcher v. Peck: Courts right to review state laws n Mc. Culloch v. Maryland: helped federal govt. get power from states n Gibbons v. Ogden: broadened meaning of interstate commerce n